Sartor v. Toussaint

70 F. App'x 11
CourtCourt of Appeals for the Second Circuit
DecidedSeptember 6, 2002
DocketNo. 01-9194
StatusPublished
Cited by36 cases

This text of 70 F. App'x 11 (Sartor v. Toussaint) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sartor v. Toussaint, 70 F. App'x 11 (2d Cir. 2002).

Opinion

SUMMARY ORDER

Defendants-appellants Pierre Toussaint (“Toussaint”) and Julien Mesamours (“Mesamours”) appeal from a September 28, 2001, order of the District Court (Victor Marrero, Judge) denying their motion to vacate a default judgment entered against them. Plaintiff Anthony Sartor (“Sartor”) brought this action against Toussaint, Mesamours, and Utica Taxi Center, Inc. (“Utica Taxi”) for personal injuries sustained during a collision with a taxi cab. Mesamours was the driver of the taxi, Toussaint is the registered owner, and Utica Taxi apparently leases and garages the vehicle. Sartor filed the complaint on January 18, 2001. None of the defendants answered. On March 30, 2001, the District Court entered a default judgment awarding Sartor $100,000 against the defendants jointly and severally.

On May 10, 2001, defendants Toussaint and Mesamours, represented by their insurance company, filed an application to vacate the default judgment on the basis that they never received service of process. The District Court held an evidentiary hearing at which Mesamours and Brenton Palmer (“Palmer”), the process-' server, testified.

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Bluebook (online)
70 F. App'x 11, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sartor-v-toussaint-ca2-2002.